Study On U.S. Phatmaceutical Patent Protection

Since 2009 USA announced to join the TPP negotiations. It has been gradually on the negotiating table, as an important driving force of the development of economic globalization. Now, TPP has become a negotiation led by USA, covering 12 countries of Pacific Rim, involving 800 million populations and a 40% global trade, and which includes some sensitive issues such as IPR, tax on agriculture and state-owned enterprises, and involves sensitive areas such as government procurement. Besides the tariff issues between U.S. and Japan, currently another main obstacle is the IP problem about pharmaceutical patent. Developing countries worry that the excessive protection will lead to heavy burden of drug purchase, while developed countries such as Australia and New Zealand, firmly opposed to undermine national pharmaceutical industries, both of them considered that the view that put forward during the negotiations were very constructive. The proposals about pharmaceutical patent protection that U.S. put forward during the negotiation, will be inevitably caught the attention of Parties or other nation's attention.Under the background of TPP negotiation, the paper, according to the latest IPR draft that Vicky released on May 15, 2014, focus on the relevant clauses about pharmaceutical patent protection that U.S. proposed during the negotiation to analyze the motivations and concrete measures of U.S. from the institutions, as well as the conflict of interests and the resulting impact on generic drugs and public health. Finally, regardless of whether China to join the TPP negotiations in the future, we can give some advices about the present situation of medical management system both on system and the management.